Hi Bob and Cindy:
Here's what the regulation says about retailers who are exempt:
"The law makes reference to the definition of ``retailer'' in section 1(b)
of PACA as the meaning of ``retailer'' for the application of the labeling
requirements under the COOL law. Under this interim final rule, a retailer
is any person engaged in the business of selling any perishable
agricultural commodity at retail. Retailers are required to be licensed
when the invoice cost of all purchases of produce exceeds $230,000 during
a calendar year. Since fish markets and similar specialty shops do not
generally sell fruits and vegetables, they do not meet the PACA definition
of a retailer and therefore are not covered by this rule." (Source: 7 CFR
Part 60 Mandatory Country of Origin Labeling of Fish and Shellfish;
Interim Rule - http://www.ams.usda.gov/cool/ifrls0304.txt)
Note: The law defines the terms ``retailer'' and ``perishable
agricultural commodity'' as having the meanings given those terms in
section 1(b) of the Perishable Agricultural Commodities Act of 1930
(PACA)(7 U.S.C. 499 et seq.).
Retailer - only firms licensed as a retailer under the Perishable
Agricultural Commodities Act of 1930 are subject to the law and are
required to label covered commodities for country of origin and method of
production. There are approximately 4,500 PACA licensees that operate
37,000 retail stores. This definition excludes butcher shops, fish
markets, and exporters. (Source:
http://www.ams.usda.gov/cool/talkingpoints.htm)
Pamela Tom
University of California
Sea Grant Extension Program
On Tue, 8 Mar 2005 BOBFISH@aol.com wrote:
> Cindy,
>
> My understanding of the USDA Country of Origin regulation is that only
> retailers come under it and the definition of a retailer is a retail store that
> sells at least $234,000 worth of fruits and vegetables annually.
>
> Maybe Pam can add to this but if you don't fit the definition then I don't
> think the COL applies and there are many, many exemptions for shrimp and cooked
> products.
>
> Bob Jones
>
This archive was generated by hypermail 2b29 : Tue Mar 08 2005 - 14:24:23 PST